Pre-Certification Production Of An Expert's Files In A Proposed Class Action

Expert opinions are often a key battleground in Canadian class actions, both at the certification stage and at the common issues hearing stage. The B.C. Court of Appeal's decision refusing to grant leave to appeal in Abbotsford (City) v. Mostertman sets out several important principles concerning pre-certification production of an expert's files in a proposed B.C. class action:

• A party may apply for production. There is no general right to document discovery before certification. However, a party may apply for production of documents, including an expert's files, in the context of a certification application. The applicant bears the onus of justifying the requested production.